UMED SHARMA Vs. DOOM DOOMA TOWN COMMITTEE

JUDGEMENT

(1.) The polemical question raised in this writ application is whether the Municipal Board has any jurisdiction visualised by the Assam Municipal Act, 1956, for short. "the Act" to prohibit use of a public road bye class of vehicles for an indefinite period? To determine the question it is necessary to consider the provisions of Ss.152 and 153 of "the Act" and also the facts and circumstances of the case which are set out hereinbelow:

(2.) The petitioner is a fire wood dealer of "Daily Bazar" at Goons Dooma" who used to bring his goods in Motor Vehicles. From the second week of Sept. 1978, the Doom Dooma town Comities, Respondent No.1, without serving any prior notice, closed a portion of the public road leading to the Daily Bazar area connecting William Road' Wood Road (Tara Road) and Netaji Road, for heavy vehicular traffic. Against the order the petitioner filed an application to the S. D. O. (Civil) Tinsukia, which was heard and decided in favour of the petitioner. Thereafter, the Town Committee issued a fresh public notice dated 7-10-78 informing the public that:

(3.) Respondent No.I, the Town Committee has filed an affidavit and contends inter alia, that the prohibitory order was necessary for public safety, in public interest and to promote public convenience. The break top of the road as well as the side drains were seriously damaged by heavy vehicular traffic and they created hasards to the small traders, customers and the pedestrians, accordingly, the Town Committee decided not to allow heavy vehicles to ply through the portion of the road and took up a resolution on 25-9-77. As no prior public notice had been issued before implementing the order prohibiting the use of the public road for heavy vehicles the action and the order of the Town Committee were set aside by the Sub-Divisional Officer. Thereafter the Town Committee issued public notice (Annexure-I) inviting objections if any. As no objection was received, the prohibitory order was issued and 5 ft. high bars above the ground level were set up as physical obstruction to the heavy vehicles. The petitioner contends that it was an order of closure of a public road under S.152 of the Assam Municipal Act, 1956, but the Town Committee had no jurisdiction to make the order and take the action. The respondents justified the action and the order as duly made u/s.153(1) of "the Act".